ECHR Case Law on Social Security

Dr van der Mei presents the impact and significance of the European Convention on Human Rights (ECHR) in the field of European social security law. He explains how to apply the ECHR in this domain and refers to the most relevant case law of the European Court of Human Rights in social security matters.

Dr Anne Pieter van der Mei

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Question 1 of 3

1. Which of the following rights were not included in the ECHR when it was drafted in 1949?

Economic & social rights.

Civil & political rights.

Civil & social rights

Question 2 of 3

2. Which of the following provisions is most often used to challenge social security cases before the European Court of Human Rights?

Art. 1 Protocol No. 1 to the ECHR, Protection of property.

Art. 14 ECHR, Prohibition of discrimination.

Art. 7 ECHR, No punishment without law

Question 3 of 3

3. Taking into account the ECtHR case law, one of the statements below is not right, which one?

When assessing if there has been an interference with the right to property of an individual, the ECtHR allows the States a wide margin of appreciation as regards to what public interest and fair balance are.

According to the Bah judgment, it is not justifiable to differentiate between those who are in a State (UK) unlawfully and those who are not.

An interference with the right to property (Art. 1 Protocol No. 1 to the ECHR) can be justified if it is lawful, serves a public interest and strikes a fair balance between collective interest and an individual’s right to property.

ECHR Case Law on Social Security

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